Small Estate Affidavit in New Hampshire
How to collect a loved one's property in New Hampshire without full probate: the dollar limit, waiting period and official form.
Short answer: Waiver of administration (RSA 553:32): available when the sole beneficiary or heir (or all of them together, or someone they all agree on) is appointed, or when the court finds it appropriate. N.H. RSA 553:32, 553:33, 553:16
| Simplified probate | Waiver of administration (RSA 553:32): available when the sole beneficiary or heir (or all of them together, or someone they all agree on) is appointed, or when the court finds it appropriate. No inventory, bond or accounting is required; the estate is closed by filing an affidavit of administration stating there are no outstanding debts, 6 to 12 months after appointment. Summary administration (RSA 553:33): for other estates, the administrator may ask to close without a final account once the estate has been open at least 6 months, with sworn statements that debts and taxes are paid and with the beneficiaries' written assents. Neither procedure has a dollar limit in the statute. Notice of appointment does not have to be published when the gross estate is $10,000 or less. Source: N.H. RSA 553:32, 553:33, 553:16 |
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| Deadline for creditor claims | A creditor must present a claim to the executor or administrator within 6 months after the original grant of administration, and must sue on the claim within 1 year after the original grant of administration. Time while administration is suspended does not count. Source: N.H. RSA 556:1, 556:3, 556:5 |
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FAQ
Is there a simplified probate process in New Hampshire?
Waiver of administration (RSA 553:32): available when the sole beneficiary or heir (or all of them together, or someone they all agree on) is appointed, or when the court finds it appropriate. No inventory, bond or accounting is required; the estate is closed by filing an affidavit of administration stating there are no outstanding debts, 6 to 12 months after appointment. Summary administration (RSA 553:33): for other estates, the administrator may ask to close without a final account once the estate has been open at least 6 months, with sworn statements that debts and taxes are paid and with the beneficiaries' written assents. Neither procedure has a dollar limit in the statute. Notice of appointment does not have to be published when the gross estate is $10,000 or less.
How long do creditors have to file claims against an estate in New Hampshire?
A creditor must present a claim to the executor or administrator within 6 months after the original grant of administration, and must sue on the claim within 1 year after the original grant of administration. Time while administration is suspended does not count.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.